Town
of Otsego
New York

Traffic
Court

Procedure
for Handling Traffic Tickets

Review your
ticket(s) to determine if you have been issued a ticket for a "misdemeanor"
or "traffic infraction". You can locate this information by
looking approximately 2/3 down on the ticket on the right side of the
ticket.

If the "misdemeanor"
box is checked, you must appear in the Otsego Town Court to be arraigned
before a Town of Otsego Court Judge on the return date written on the
ticket. You can not use the instructions mentioned below for using the
mail.

If the "traffic
infraction" box is checked, you may either appear in person or
use the 'mail-in plea' option and you have the following options:

Pleading
GuiltyIf you
are charged with a traffic infraction you can plead guilty by mail, using
the reverse side of the ticket, marked "Part A". Follow the
instructions and send the completed form to Otsego Town Court, P.O. Box
57, Fly Creek, NY 13337. Note that the form contains space for you to
include an explanation about the violation, should you wish to do so.
Be sure to show your current address so we can contact you.

Upon receipt
of your guilty plea a Judge will determine the fine and the court will
notify you of the amount of the fine and the mandatory surcharge, by mail.
You will be expected to pay the total due to the court within 30 days
by certified check or postal money order payable to Otsego Town Court.
If you need time to pay, contact the court clerk, and "reasonable"
arrangements will be made.

Pleading
Not GuiltyYou can
also plead not guilty by mail, using the reverse side of the ticket, marked
"Part B". Follow the instructions and send the completed form
to Otsego Town Court, P.O. Box 57, Fly Creek, NY 13337. You have the option
of requesting a supporting deposition which is a sworn statement from
the ticketing officer that contains a more detailed explanation of the
basis for the charge than is provided on the ticket. If you mail a not
guilty plea you do not need to appear in court on the date stated on the
ticket. Be sure to show your current address so that we can contact you.

Upon receipt
of your not guilty plea the court will schedule a trial and you will receive
notice of the trail date by mail. A trial is the proceeding at which a
judge will make a determination whether you are guilty or not guilty.
At the trial the officer who issued the ticket will testify and you will
have the opportunity to cross-examine him/her. Thereafter, you and your
witnesses, if any, will have the opportunity to testify. The police officer
can cross-examine your witnesses and you, if you testify. When the testimony
is completed the Judge will make a decision and will usually announce
it in court after the trial. If you are found not guilty, the matter is
completed. If you are found guilty, the Judge will determine the fine
and arrangements for payment of the fine and the mandatory surcharge will
be made.

Court Appearance
Instead of A Plea by MailYou have
the option to appear in court on the date designated on the face of the
ticket (bring photo ID). At that time you may enter a plea and/or ask
for a trial. If you plead guilty, you will have the opportunity to provide
an explanation to the judge. Your explanation will be taken into consideration
upon sentencing.

You Can
Contact the Assistant District Attorney
You may wish to review the circumstances of your ticket either in person
in Court or by mail with an Assistant District Attorney. You may speak
with an Assistant District Attorney on next scheduled ADA Day after your
initial court date (the date and time written at the bottom of your ticket).
You must first respond to the ticket before contacting the ADA (click
here to see a calendar of ADA dates for this Court).

The prosecutor
may choose to offer you a plea to a lesser infraction. If an offer is
made, you can choose to accept it and plead guilty to the offer; or reject
it, plead not guilty, and be scheduled for a non-jury trial. Any offer
made by the Prosecutor is only a recommended offer. The Court does not
have to accept the recommendation of the Prosecutor. If you wish, you
may request consideration from the prosecutor by mailing a letter explaining
the circumstances of the ticket to the District Attorneys Office at 197
Main Street, Cooperstown, New York 13326. You MUST enclose a copy of your
ticket, your full name and current address, and a phone number where you
may be reached. If you have misplaced your copy of the ticket, you should
obtain a copy from the Court Clerk.

Note:
Before pleading guilty to a ticket issued as a result of an accident,
you may wish to consult with an attorney and/or your insurance company
about possible civil liability for personal injuries arising from the
accident.

After you have
received a written offer from the District Attorney's Office, you MUST
contact the Court. If you are accepting the offer of the District Attorney,
you must file your written acceptance of the offer with the Court by mailing
or bringing to Court the 'Application For Reduction of Charges Form",
signed by both the Assistant District Attorney and by YOU. Once the offer
is accepted by the Court, you will be assessed a fine and mandatory surcharge.
If you do NOT accept the offer of the District Attorney and continue your
plea of Not Guilty or if the Court does NOT accept the recommendation
of the District Attorney, a non-jury trial will be scheduled.

If you are
assessed a fine and mandatory surcharge:You must
make payment to the court as directed by the Court. If you submit a written
plea of guilty, you will be mailed a fine letter indicating the amount
of the fine and the date that the fine must be paid. Be sure that your
current mailing address is on file with the Court.
If you appear in Court, the court will verbally advise you of the amount
of the fine and the date that payment is due. If you forget the date that
payment is due, you may contact the Town Court.

The Court does
not accept personal or business checks. Payment MUST be made in cash (do
NOT send cash through the mail), money order or bank certified check made
payable to the Otsego Town Court

If you are
paying in person, you should appear at the Clerk's office. If you are
paying by mail, you should include a self-addressed stamped envelope for
the return of your receipt.

Point System
If you are convicted of a violation that occurred while your car was moving
(e.g. speeding, failing to stop for stop sign or a red light, etc.), points
will be assigned to you by DMV based on a schedule adopted by the New
York State legislature. If you accumulate three speeding violations or
11 points within an 18 month period, the Department of Motor Vehicles
will suspend your license. The number of points attributed to various
common infractions are as follows.

Legal Advice
Remember, you are always entitled to be represented in Court by an attorney.
Whether or not you need an attorney to handle your traffic infraction
is a personal decision that only you can make. If your license is in jeopardy
based on the point system or if a traffic charge resulted from an accident,
you are well advised to consult an attorney.

REMEMBER:
If you fail to respond to a traffic ticket OR if you fail to pay fines
and surcharges,
your privileges to drive in New York State will be suspended.